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HomeMy WebLinkAboutOrd 375 Amending the zoning of 9 acres at the corner of Precinct Line And Dove from Retail to ResidentialTOWN OF WESTLAKE ORDINANCE NO. 375 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS BY AMENDING THE OFFICIAL ZONING MAP TO REZONE THOSE TRACTS OF LAND AND CERTAIN PROPERTIES DESCRIBED HEREIN AND SHOWN ON EXHIBIT "A" TO "R-1" ESTATE RESIDENTIAL CHANGING THE ZONING MAP TO REFLECT SAID REZONINGS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR. AN EFFECTIVE DATE. WHEREAS, on August 24, 1992, the Board of Aldermen of the Town of Westlake, Texas adopted a Comprehensive Plan for the Town; and WHEREAS, on November 13, 1992, the Board of Aldermen of the Town of Westlake, Texas adopted a Comprehensive Zoning Ordinance; and WHEREAS, on September 15, 1997, based upon the recommendations of the Planning and Zoning Commission, the Board of Aldermen of the Town of Westlake, Texas amended the Zoning Ordinance and the subdivision regulations by adopting a Unified Development Code for the Town of Westlake (the "Town"); and WHEREAS, the Town has published notice in an official newspaper and sent written notice to each resident and landowner affected by the proposed change, all in accordance with the notice of provisions of Chapter 211 of the Local Government Code of Texas; and WHEREAS, Article III, Section 2, D of the "Rules for Interpretation of District Boundaries" of the Comprehensive Zoning Ordinance authorizes boundaries to be determined according to the scale of the Official Zoning Map in cases where no specific distances are indicated on the Official Zoning Map; and WHEREAS, the boundaries of the property to be rezoned has been determined according to the scaled distances of the Official Zoning Map as amended February 7, 1997 by Ordinance 262, and WHEREAS, the Town has proposed this zoning change to the Comprehensive Zoning Ordinance of the Town and has received a report from the Planning and Zoning Commission of the Town, as required by State statutes and the conditions and prerequisites have been complied with, the case having come before the Board of Aldermen (Board) of the Town after all legal notices, requirements, conditions and prerequisites have been complied with and; Page 1 of 4 WHEREAS, the Board, at a public hearing called by the Board, did consider the following factors in making a determination as to whether the requested changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the areas immediately surrounding the effected zoning districts; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhoods, location, lighting and types of signs and relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated by the proposed uses around the effected zoning districts and in the immediate neighborhoods, adequacy of parking, location of ingress and egress points for parking, and protection of public health and the general welfare, effect on light and air, the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the Board further considered the character of the effected zoning districts and their peculiar suitability for particular uses and with the view to conserve the value of buildings, encourage the most appropriate use of land throughout this town; and WHEREAS, the Board does find that there is a public necessity for the proposed zoning ordinance amendments, that the public demands it, that the public interest clearly requires the amendment, that the zoning ordinance amendments do not unreasonably invade the rights of those who bought or improved property with reference to the classifications which existed at the time their original investment was made; and does find that the changes in the zoning ordinance lessen the congestion in the streets, help secure safety from fire, panic and other dangers; promote health and the general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue concentration of population; facilitates the adequate provisions of transportation, water, schools, parks and other public requirements; and WHEREAS, the Town Board has determined that there is a necessity and need for these changes in the zoning ordinance and has also found and determined that there has been a change in the condition; and therefore, feels that changes in the zoning ordinance are needed, are called for, and are in the best interest of the public at large, the citizens of the Town, and help promote the general health, safety, and welfare of this community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. Page 2 of 4 SECTION 2: The property being rezoned by this action shall be generally described as follows: Approximately 9 acres of land located in the C.M. Throop Survey A- 1510, Tarrant County, Texas being generally described as having a scaled width of 800 feet east of said C.M. Throop Survey A-1510 and a scaled depth of 465 feet south of the center line of Dove Road said parcel being the southeast intersection of Precinct Line Road and Dove Road. SECTION 3: The Comprehensive Zoning Ordinance of the Town of Westlake, Texas shall be amended so that the permitted uses for the property described in Section 2 of this ordinance be rezoned from "LR" Local Retail to "R-1" Estate Residential as shown on Exhibit " A" and as described in Section 2, above. SECTION 4: Sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the Board hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5: This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulations of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. SECTION 6: It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($ 2,000) and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 7: This Ordinance shall become effective upon its passage by the Board of Aldermen. PASSED AND APPROVED ON THIS 14TH DAY OF AUGUST, 2000. Page 3 of 4 ATTEST: / , (q ming Crosswy, Town ecretary APPROVED AS TO FORM: i Scott Bradley, Mayor Trent O. Petty, Town Mii&aiger Page 4 of 4 EXHIBIT "A" r rti w r r r w r r r r r� i 1 Amendment to Comprehensive Land Use heap Sy y�Y 774 SCALE: 1 "= 1,000' r• t